On March 28, 2024, Indigenous leaders of Aotearoa/New Zealand, the Cook Islands, Tahiti, Tonga, Hawaii, and Rapanui/Easter Island ratified a historic treaty: He Whakaputanga Moana, or Declaration for the Ocean.
The declaration recognizes whales as legal persons with inherent rights, including:
- The right to freedom of movement
- The right to a healthy environment
- The ability to thrive alongside humanity
The treaty was signed by the Māori King and the Kaumaiti Nui, president of the House of Ariki of the Cook Islands, as well as fifteen paramount chiefs of Tahiti and the Cook Islands.
The Māori King stated:
Ultimately, He Whakaputanga Moana is a declaration for future generations. Our mokopuna, or descendants, deserve to inherit an ocean teeming with life, where the songs of whales continue to resonate across the vast expanse.
Background
He Whakaputanga Moana draws upon the traditions of Te Ao Māori, the Māori worldview, and emphasizes the interconnectedness of all living things.
Recognizing the urgent threats whales face from unsustainable practices, pollution, and climate change, the declaration outlines a comprehensive plan for whale protection.
This includes:
- Establishing marine protected areas
- Implementing rāhui, or customary restrictions guided by ancestral wisdom
- Weaving together mātauranga Māori, or Indigenous knowledge, with science
- Supporting a more holistic approach to whale protection
The declaration emphasizes the crucial role of Polynesian communities as kaitiaki, or guardians.
It also proposes the creation of the Hinemoana Halo Ocean Protection Fund, which would empower Indigenous communities as natural guardians and support initiatives aligned with the declaration’s goals.
Whales, Ancestors, and the Ocean
Indigenous groups across Polynesia have long understood the moana, or ocean, as a living ancestor and repository of knowledge passed down through generations.
The tohorā, or whales, are considered sentient beings and ancestors who guided Māori ancestors across the Pacific Ocean.
Legal Importance
He Whakaputanga Moana is not a binding international treaty. However, it carries significant weight.
The treaty may allow Māori and other Indigenous groups to begin talks with governments in New Zealand, the Cook Islands, Tahiti, Tonga, and other Polynesian countries to develop a legal framework for enforcing protections around whales.
Conservationists believe this move will place pressure on national governments to offer greater protections for whales.
The Hinemoana Halo Ocean Initiative, the group that spearheaded the treaty, has already begun conversations with officials in Tahiti, Tonga, and the Cook Islands to persuade world leaders to follow suit.
Legal Personhood
The treaty was inspired by the Te Urewera Act of 2014 in New Zealand, which granted legal personhood to the Te Urewera forest.
He Whakaputanga Moana has already sparked a global conversation about the legal and ethical status of whales.
There is also a movement to appoint whales as ocean ambassadors to the United Nations, a proposal endorsed by the Māori King.
Source
https://ecojurisprudence.org/initiatives/he-whakaputanga-moana-declaration-for-the-ocean-treaty/
Questions
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He Whakaputanga Moana recognizes whales as legal persons. What does it mean to be a person? How would we know that something is a person? Is it important that whales are legal persons, and not simply persons?
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He Whakaputanga Moana bestows rights on whales, including the right to freedom of movement, a healthy environment, and the ability to thrive alongside humanity. Do all persons have these rights? Are there other rights that come along with being a person besides the ones mentioned?
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Typically, when rights are bestowed upon an individual, certain obligations are also given to that individual. For instance, if a person has the right to life, then I have an obligation not to murder that person. If whales are persons, do they also have obligations to one another? Is it possible for a whale to act immorally? Since whales are legal persons, would they be committing illegal acts if they do not meet their obligations?
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He Whakaputanga Moana claims that it is recognizing whales as legal persons and recognizing that whales have certain rights. This seems to imply that the rights were always there, but now we are seeing them. If that is the case, where did these rights come from?
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The summary above claims that Indigenous groups across Polynesia have always lived in harmony with the moana, or ocean. What does it mean to live in harmony with the ocean, or with any ecosystem? Why is it important to do so?